International Union of Operating Engineers Local 965 v. The Illinois Labor Relations Board

Comptroller filed unit-clarification petition with Illinois Labor Relations Board (ILRB), seeking it to clarify that public service administrators (PSAs) were excluded from collective bargaining after amendment to Illinois Public Labor Relations Act. ILRB properly granted petition. Amendment of 4/5/13 to Section 3(n) of Act added language to Section 3(n) which excluded PSAs under Comptroller's jurisdiction from definition of public employee. Amendment is substantive in nature and thus cannot be applied retroactively. Applying Section 3(n) going forward from 4/5/13 is applying it prospectively. PSAs were not entitled to a continuation of Act as it existed before amendment, and thus On or after 4/5/13, PSAs were not covered by the Act. (HOLDER WHITE and STEIGMANN, concurring.)